SCH-Legal advises on the obligations arising from the employer–employee relationship. We draft employment contracts tailored to the company’s needs and agreements that protect against employment-related risks, such as non-compete and confidentiality agreements, and we inform clients of the criminal and civil liability that may arise from the acts of their employees.
We prepare the agreements and documents required for temporary employment, subcontracting, transfers of staff or workplaces and similar cases under the Labour Law, provide legal support on the termination of employment contracts, carry out and report analyses on the application of the Labour Law, and handle employment litigation.
What we do
- Drafting and managing employment contracts and workplace regulations that fit your needs
- Structuring confidentiality and non-compete terms and employees’ intellectual property rights
- Developing flexible working models suited to the business
- Organising and restructuring businesses
- Handling all types of employer–employee disputes
Frequently asked questions
Common questions on employment law
Termination, reinstatement, remote work and employee data.
What should we check before terminating an employee’s contract?
In workplaces with 30 or more employees, an employee with at least six months’ service has job security. Their contract can only be terminated for a valid reason, stated clearly and precisely in writing. If the termination is based on the employee’s conduct or performance, their defence must be taken first.
The outcome of reinstatement cases is often decided by records kept months before the termination: warning letters, performance reviews, written reports of incidents.
When can a reinstatement claim be brought, and what is the outcome?
The employee must apply to a mediator within one month of being notified of the termination. If no agreement is reached, the case must be filed within two weeks of the final mediation report. If the court finds the termination invalid, the employer either takes the employee back or pays compensation of four to eight months’ wages. On top of that come wages of up to four months for the period not worked, and other entitlements.
Do we need a separate contract for remote work?
Yes, remote work is set up by a written contract. It should cover the description of the work and how it is done, working hours, who provides the equipment and bears the costs, and how communication will work. An existing employee moving to remote work also needs a written request and approval.
Can we stop a departing employee from joining a competitor through the contract?
Under certain conditions. A non-compete is only valid if the employee had access to the customer base, production secrets or information about the employer’s business. It must be limited in place, time and type of work, and, except in special circumstances, it cannot exceed two years.
Courts narrow restrictions that limit the employee’s ability to earn a living out of proportion. So a broad clause covering “every sector, every city, five years” can end up giving less protection than a carefully limited one.
What should we watch for when processing employees’ personal data?
At every stage, from recruitment to the personnel file and from CCTV to email monitoring, employees must be informed in advance and only the data needed should be collected. Processing special categories of data, such as health reports and criminal records, is further restricted by law. Any monitoring must be open and proportionate, not covert.
Team
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Contact
How can we help?
Tell us briefly about your matter and the relevant team will get back to you.
info@sch-legal.com · +90 212 709 08 50